2018 -- S 2529

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LC004725

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES

     Introduced By: Senators Euer, Goldin, Sosnowski, Coyne, and Seveney

     Date Introduced: March 01, 2018

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 27-18-57 of the General Laws in Chapter 27-18 entitled "Accident

and Sickness Insurance Policies" is hereby amended to read as follows:

     27-18-57. F.D.A. approved prescription contraceptive drugs and devices.

     (a) Every individual or group health insurance contract, plan, or policy issued pursuant to

this title that provides prescription coverage and is delivered, issued for delivery, or renewed,

amended or effective in this state on or after January 1, 2019, in this state shall provide coverage

for all of the following services and contraceptive methods. F.D.A. approved contraceptive drugs

and devices requiring a prescription. Provided, that nothing in this subsection shall be deemed to

mandate or require coverage for the prescription drug RU 486.

     (1) All FDA-approved contraceptive drugs, devices, and other products. The following

applies to this coverage:

     (i) If there is a therapeutic equivalent of an FDA-approved contraceptive drug, device, or

product, the contract must include either the original FDA-approved contraceptive drug, device,

or product or at least one of its therapeutic equivalents. "Therapeutic equivalent" shall have the

same definition as that set forth by the Federal Drug Administration.

     (ii) If the covered therapeutic equivalent versions of a drug, device, or product are not

available or are deemed medically inadvisable, a group or blanket policy shall provide coverage

for an alternate therapeutic equivalent version of the contraceptive drug, device, or product, based

on the determination of the health care provider, without cost-sharing;

     (iii) Coverage required by this section must include all over-the-counter contraceptive

drugs, devices and products approved by the United States Food and Drug Administration when

prescribed by a licensed provider, excluding male condoms; and

     (iv) Coverage required by this section must include the dispensing of a supply intended to

last twelve (12) months at a time to enrollees with a valid prescription, unless a smaller supply is

requested by an enrollee or the prescribing provider instructs that the enrollee must receive a

smaller supply.

     (2) Voluntary sterilization procedures, except that coverage for male sterilization does not

apply to high-deductible health plans;

     (3) Patient education and counseling on contraception; and

     (4) Follow-up services related to the drugs, devices, products, and procedures covered

under this section, including, but not limited to, management of side effects, counseling for

continued adherence, and device insertion and removal.

     (b) A group or blanket policy subject to this section shall not impose a deductible,

coinsurance, copayment or any other cost-sharing requirement on the coverage provided pursuant

to this section.

     (c) Except as otherwise authorized under this subsection, a group or blanket policy shall

not impose any restrictions or delays on the coverage required under this section.

     (d) Benefits for an enrollee under this section shall be the same for an enrollee's covered

spouse or domestic partner and covered non-spouse dependents.

     (b)(e) Notwithstanding any other provision of this section, any insurance company may

issue to a religious employer an individual or group health insurance contract, plan, or policy that

excludes coverage for prescription contraceptive methods which are contrary to the religious

employer's bona fide religious tenets.

     (c)(f) As used in this section, "religious employer" means an employer that is a "church

or a qualified church-controlled organization" as defined in 26 U.S.C. § 3121.

     (d)(g) This section does not apply to insurance coverage providing benefits for: (1)

hospital confinement indemnity; (2) disability income; (3) accident only; (4) long term care; (5)

Medicare supplement; (6) limited benefit health; (7) specified diseased indemnity; (8) sickness of

bodily injury or death by accident or both; and (9) other limited benefit policies.

     (e)(h) Every religious employer that invokes the exemption provided under this section

shall provide written notice to prospective enrollees prior to enrollment with the plan, listing the

contraceptive health care services the employer refuses to cover for religious reasons.

     (i) Nothing in this section shall be construed to exclude coverage for contraceptive drugs,

LC004725 - Page 2 of 9

devices, or products for reasons other than contraceptive purposes, such as decreasing the risk of

ovarian cancer or eliminating symptoms of menopause, or for contraception that is necessary to

preserve the life or health of an enrollee.

     SECTION 2. Section 27-19-48 of the General Laws in Chapter 27-19 entitled "Nonprofit

Hospital Service Corporations" is hereby amended to read as follows:

     27-19-48. F.D.A. approved prescription contraceptive drugs and devices.

     (a) Every individual or group health insurance contract, plan, or policy issued pursuant to

this title that provides prescription coverage and is delivered, issued for delivery, or renewed,

amended or effective in this state on or after January 1, 2019, in this state shall provide coverage

for all of the following services and contraceptive methods. F.D.A. approved contraceptive drugs

and devices requiring a prescription. Provided, that nothing in this subsection shall be deemed to

mandate or require coverage for the prescription drug RU 486.

     (1) All FDA-approved contraceptive drugs, devices, and other products. The following

applies to this coverage:

     (i) If there is a therapeutic equivalent of an FDA-approved contraceptive drug, device, or

product, the contract must include either the original FDA-approved contraceptive drug, device,

or product or at least one of its therapeutic equivalents. "Therapeutic equivalent" shall have the

same definition as that set forth by the Federal Drug Administration.

     (ii) If the covered therapeutic equivalent versions of a drug, device, or product are not

available or are deemed medically inadvisable, a group or blanket policy shall provide coverage

for an alternate therapeutic equivalent version of the contraceptive drug, device, or product, based

on the determination of the health care provider, without cost-sharing;

     (iii) Coverage required by this section must include all over-the-counter contraceptive

drugs, devices and products approved by the United States Food and Drug Administration when

prescribed by a licensed provider, excluding male condoms; and

     (iv) Coverage required by this section must include the dispensing of a supply intended to

last twelve (12) months at a time to enrollees with a valid prescription, unless a smaller supply is

requested by an enrollee or the prescribing provider instructs that the enrollee must receive a

smaller supply.

     (2) Voluntary sterilization procedures, except that coverage for male sterilization does not

apply to high-deductible health plans;

     (3) Patient education and counseling on contraception; and

     (4) Follow-up services related to the drugs, devices, products, and procedures covered

under this section, including, but not limited to, management of side effects, counseling for

LC004725 - Page 3 of 9

continued adherence, and device insertion and removal.

     (b) A group or blanket policy subject to this section shall not impose a deductible,

coinsurance, copayment or any other cost-sharing requirement on the coverage provided pursuant

to this section.

     (c) Except as otherwise authorized under this subsection, a group or blanket policy shall

not impose any restrictions or delays on the coverage required under this section.

     (d) Benefits for an enrollee under this section shall be the same for an enrollee's covered

spouse or domestic partner and covered non-spouse dependents.

     (b)(e) Notwithstanding any other provision of this section, any insurance company may

issue to a religious employer an individual or group health insurance contract, plan, or policy that

excludes coverage for prescription contraceptive methods which are contrary to the religious

employer's bona fide religious tenets.

     (c)(f) As used in this section, "religious employer" means an employer that is a "church

or a qualified church-controlled organization" as defined in 26 U.S.C. § 3121.

     (d)(g) This section does not apply to insurance coverage providing benefits for: (1)

hospital confinement indemnity; (2) disability income; (3) accident only; (4) long term care; (5)

Medicare supplement; (6) limited benefit health; (7) specified diseased indemnity; (8) sickness of

bodily injury or death by accident or both; and (9) other limited benefit policies.

     (e)(h) Every religious employer that invokes the exemption provided under this section

shall provide written notice to prospective enrollees prior to enrollment with the plan, listing the

contraceptive health care services the employer refuses to cover for religious reasons.

     (i) Nothing in this section shall be construed to exclude coverage for contraceptive drugs,

devices, or products for reasons other than contraceptive purposes, such as decreasing the risk of

ovarian cancer or eliminating symptoms of menopause, or for contraception that is necessary to

preserve the life or health of an enrollee.

     SECTION 3. Section 27-20-43 of the General Laws in Chapter 27-20 entitled "Nonprofit

Medical Service Corporations" is hereby amended to read as follows:

     27-20-43. F.D.A. approved prescription contraceptive drugs and devices.

     (a) Every individual or group health insurance contract, plan, or policy issued pursuant to

this title that provides prescription coverage and is delivered, issued for delivery, or renewed,

amended or effective in this state on or after January 1, 2019, in this state shall provide coverage

for all of the following services and contraceptive methods. F.D.A. approved contraceptive drugs

and devices requiring a prescription. Provided, that nothing in this subsection shall be deemed to

mandate or require coverage for the prescription drug RU 486.

LC004725 - Page 4 of 9

     (1) All FDA-approved contraceptive drugs, devices, and other products. The following

applies to this coverage:

     (i) If there is a therapeutic equivalent of an FDA-approved contraceptive drug, device, or

product, the contract must include either the original FDA-approved contraceptive drug, device,

or product or at least one of its therapeutic equivalents. "Therapeutic equivalent" shall have the

same definition as that set forth by the Federal Drug Administration.

     (ii) If the covered therapeutic equivalent versions of a drug, device, or product are not

available or are deemed medically inadvisable, a group or blanket policy shall provide coverage

for an alternate therapeutic equivalent version of the contraceptive drug, device, or product, based

on the determination of the health care provider, without cost-sharing;

     (iii) Coverage required by this section must include all over-the-counter contraceptive

drugs, devices and products approved by the United States Food and Drug Administration when

prescribed by a licensed provider, excluding male condoms; and

     (iv) Coverage required by this section must include the dispensing of a supply intended to

last twelve (12) months at a time to enrollees with a valid prescription, unless a smaller supply is

requested by an enrollee or the prescribing provider instructs that the enrollee must receive a

smaller supply.

     (2) Voluntary sterilization procedures, except that coverage for male sterilization does not

apply to high-deductible health plans;

     (3) Patient education and counseling on contraception; and

     (4) Follow-up services related to the drugs, devices, products, and procedures covered

under this section, including, but not limited to, management of side effects, counseling for

continued adherence, and device insertion and removal.

     (b) A group or blanket policy subject to this section shall not impose a deductible,

coinsurance, copayment or any other cost-sharing requirement on the coverage provided pursuant

to this section.

     (c) Except as otherwise authorized under this subsection, a group or blanket policy shall

not impose any restrictions or delays on the coverage required under this section.

     (d) Benefits for an enrollee under this section shall be the same for an enrollee's covered

spouse or domestic partner and covered non-spouse dependents.

     (b)(e) Notwithstanding any other provision of this section, any insurance company may

issue to a religious employer an individual or group health insurance contract, plan, or policy that

excludes coverage for prescription contraceptive methods which are contrary to the religious

employer's bona fide religious tenets.

LC004725 - Page 5 of 9

     (c)(f) As used in this section, "religious employer" means an employer that is a "church

or a qualified church-controlled organization" as defined in 26 U.S.C. § 3121.

     (d)(g) This section does not apply to insurance coverage providing benefits for: (1)

hospital confinement indemnity; (2) disability income; (3) accident only; (4) long term care; (5)

Medicare supplement; (6) limited benefit health; (7) specified diseased indemnity; (8) sickness of

bodily injury or death by accident or both; and (9) other limited benefit policies.

     (e)(h) Every religious employer that invokes the exemption provided under this section

shall provide written notice to prospective enrollees prior to enrollment with the plan, listing the

contraceptive health care services the employer refuses to cover for religious reasons.

     (i) Nothing in this section shall be construed to exclude coverage for contraceptive drugs,

devices, or products for reasons other than contraceptive purposes, such as decreasing the risk of

ovarian cancer or eliminating symptoms of menopause, or for contraception that is necessary to

preserve the life or health of an enrollee.

     SECTION 4. Section 27-41-59 of the General Laws in Chapter 27-41 entitled "Health

Maintenance Organizations" is hereby amended to read as follows:

     27-41-59. F.D.A. approved prescription contraceptive drugs and devices.

     (a) Every individual or group health insurance contract, plan, or policy issued pursuant to

this title that provides prescription coverage and is delivered, issued for delivery, or renewed,

amended or effective in this state on or after January 1, 2019, in this state shall provide coverage

for all of the following services and contraceptive methods. F.D.A. approved contraceptive drugs

and devices requiring a prescription. Provided, that nothing in this subsection shall be deemed to

mandate or require coverage for the prescription drug RU 486.

     (1) All FDA-approved contraceptive drugs, devices, and other products. The following

applies to this coverage:

     (i) If there is a therapeutic equivalent of an FDA-approved contraceptive drug, device, or

product, the contract must include either the original FDA-approved contraceptive drug, device,

or product or at least one of its therapeutic equivalents. "Therapeutic equivalent" shall have the

same definition as that set forth by the Federal Drug Administration.

     (ii) If the covered therapeutic equivalent versions of a drug, device, or product are not

available or are deemed medically inadvisable, a group or blanket policy shall provide coverage

for an alternate therapeutic equivalent version of the contraceptive drug, device, or product, based

on the determination of the health care provider, without cost-sharing;

     (iii) Coverage required by this section must include all over-the-counter contraceptive

drugs, devices and products approved by the United States Food and Drug Administration when

LC004725 - Page 6 of 9

prescribed by a licensed provider, excluding male condoms; and

     (iv) Coverage required by this section must include the dispensing of a supply intended to

last twelve (12) months at a time to enrollees with a valid prescription, unless a smaller supply is

requested by an enrollee or the prescribing provider instructs that the enrollee must receive a

smaller supply.

     (2) Voluntary sterilization procedures, except that coverage for male sterilization does not

apply to high-deductible health plans;

     (3) Patient education and counseling on contraception; and

     (4) Follow-up services related to the drugs, devices, products, and procedures covered

under this section, including, but not limited to, management of side effects, counseling for

continued adherence, and device insertion and removal.

     (b) A group or blanket policy subject to this section shall not impose a deductible,

coinsurance, copayment or any other cost-sharing requirement on the coverage provided pursuant

to this section.

     (c) Except as otherwise authorized under this subsection, a group or blanket policy shall

not impose any restrictions or delays on the coverage required under this section.

     (d) Benefits for an enrollee under this section shall be the same for an enrollee's covered

spouse or domestic partner and covered non-spouse dependents.

     (b)(e) Notwithstanding any other provision of this section, any insurance company may

issue to a religious employer an individual or group health insurance contract, plan, or policy that

excludes coverage for prescription contraceptive methods which are contrary to the religious

employer's bona fide religious tenets.

     (c)(f) As used in this section, "religious employer" means an employer that is a "church

or a qualified church-controlled organization" as defined in 26 U.S.C. § 3121.

     (d)(g) This section does not apply to insurance coverage providing benefits for: (1)

hospital confinement indemnity; (2) disability income; (3) accident only; (4) long term care; (5)

Medicare supplement; (6) limited benefit health; (7) specified diseased indemnity; (8) sickness of

bodily injury or death by accident or both; and (9) other limited benefit policies.

     (e)(h) Every religious employer that invokes the exemption provided under this section

shall provide written notice to prospective enrollees prior to enrollment with the plan, listing the

contraceptive health care services the employer refuses to cover for religious reasons.

     (i) Nothing in this section shall be construed to exclude coverage for contraceptive drugs,

devices, or products for reasons other than contraceptive purposes, such as decreasing the risk of

ovarian cancer or eliminating symptoms of menopause, or for contraception that is necessary to

LC004725 - Page 7 of 9

preserve the life or health of an enrollee.

     SECTION 5. Chapter 42-12.3 of the General Laws entitled "Health Care for Children and

Pregnant Women" is hereby amended by adding thereto the following section:

     42-12.3-3.1. Medical assistance expansion for women -- Full year coverage for

contraception.

     (a) Within one hundred eighty (180) days from January 1, 2019, the department of human

services shall develop and implement a system by which the Medicaid program reimburses for,

and Medicaid pharmacies, health care providers, and pharmacy benefit managers dispense:

     (1) Twelve (12) months of prescription contraception at a time to enrollees with a valid

prescription, unless a smaller supply is requested by an enrollee or the prescribing provider

instructs that the enrollee must receive a smaller supply.

     (b) This section shall apply to all Medicaid programs, including managed care.

     (c) The department of human services may issue rules and regulations to implement the

provisions of this section.

     (d) This section shall serve as legislative approval for any Medicaid State Plan

Amendment that is required by the Centers for Medicare and Medicaid Services to implement this

section.

     SECTION 6. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES

***

     This act would require every individual or group health insurance contract effective on or

after January 1, 2019, to provide coverage to the insured and the insured's spouse and dependents

for all FDA-approved contraceptive drugs, devices and other products, voluntary sterilization

procedures, patient education and counseling on contraception and follow-up services as well as

Medicaid coverage for a twelve (12) month supply for Medicaid recipients.

     This act would take effect upon passage.

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LC004725

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LC004725 - Page 9 of 9